D.C. Sake co.
TERMS AND CONDITIONS OF SERVICE
Welcome to our agreement with you, the customer. If you want to use the www.dcsake.com website (“Website”) to open and maintain an account, shop for our products, or provide comments on our products, you must agree to the following terms and conditions (“Terms”). These Terms contain certain obligations that each customer must abide by in full.
D.C. Sake co. is the registered tradename of RH Trading, LLC and shall be used in the Terms to mean RH Trading, LLC. D.C. Sake co. reserves the right to adopt additional policies, terms, and conditions for D.C. Sake co.’s services, content and transactions. The additional policies, terms, and conditions are incorporated into these Terms. The Terms will control if there are any inconsistencies, and the Terms may be modified at any time without notice to customers.
D.C. Sake co. reserves the right to cancel or terminate any user’s account for any violation of these Terms. We do not tolerate any fraudulent behavior, spamming, flaming, excessive use of profanity or abusive language, or similar actions made towards D.C. Sake co. or when contacting our employees.
The customer is fully responsible and liable for anyone using their account. The customer’s obligations include, but are not limited to: (1) abiding by all applicable laws and regulations, (2) not accessing, using or tampering with any nonpublic areas of the Website or D.C. Sake co.’s computer systems. Unauthorized individuals attempting to access or tamper with these areas will be subject to prosecution to the full extent of the law, (3) not access the Website with any manual or automated process for any purpose other than to purchase products and services as expressly allowed by these Terms; (4) not use any automated system or software to extract data from the Website (“data scraping”) as this activity is prohibited, regardless whether such use is for commercial or noncommercial purposes, and (5) except as permitting in writing by D.C. Sake co., not framing or link to the Website.
SALE OF ALCOHOLIC BEVERAGES
D.C. Sake co. does not sell any of its alcoholic beverage products to persons under age 21. By using this Website, the customer swears and affirms that the user is over 21 years old. You must be 21 years old to purchase from D.C. Sake co. and you also expressly warrant that the person who will receive delivery of the order is also over age 21. Sales to minors are strictly prohibited by law. A valid government-issued photo identification (“ID”) is always required to be shown at the time of delivery by the person who is accepting delivery. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, D.C. Sake co. will report you to the proper authorities for prosecution.
Any alcoholic beverage product purchased from the Website will only be delivered with an “Adult Signature Required” restricted delivery designation. The third-party carrier that delivers our product must verify ID upon delivery or they will deny delivery. Thus, please be advised that you or someone who is 21 years or older with valid government-issued photo ID must be present at the time of delivery. If this is inconvenient, please consider arranging for delivery to your office or business location to avoid unnecessary delay.
TITLE OF OWNERSHIP
For all alcoholic beverage products and other merchandise (“Merchandise”) purchased from D.C. Sake co., title is passed to the purchaser in the District of Columbia. When placing an order through the Website, you expressly agree to assume title to the Merchandise in the District of Columbia immediately upon tendering full payment and notice of shipment. All Merchandise must be paid in full prior to shipping. D.C. Sake co.’s performance obligation is complete under the purchase agreement upon tender of the Merchandise to a third party carrier for transportation and delivery.
RETURNS AND CANCELLATIONS
All sales are final and no exchanges. At the time of delivery, any order refused, cancelled, or otherwise requested as a return after the order is sent by the customer to a third party carrier for return delivery is subject to a $15 restocking fee. All return costs are the sole expense of the customer. Fees assessed for payment to the third party carrier are non-refundable. We work with our wholesale partners to ensure the customer is purchasing quality sake; however, please be advised that sake purchased that is older than one (1) year old cannot be guaranteed.
Information we collect. As noted above, we collect certain nonpublic information about you in order to provide products and services to you. The nonpublic information we have about you includes information we gather through cookies when you visit the website and account information when you make a purchase or when you write or call us including your name, address and email address, and transaction information.
Information we disclose. We disclose nonpublic personal information to our affiliates, and to outside firms that help us provide services to you, for use only for that purpose.
[Note: The following applies to all states except California and New York.]
We may also disclose your email address to social media organizations such as LinkedIn or Facebook to offer targeted information about our products and services.
Additionally, we may disclose nonpublic information to nonaffiliated third party firms with which we have established, or may in the future establish, relationships in order to offer certain products to our customers.
You may have the right to stop us from disclosing nonpublic personal information about you to these parties or social media organizations, except as permitted by law. To do so, please email us at [email protected]. If you do not notify us that you wish to block disclosure of this nonpublic personal information, we will allow information to be sent to third party companies with which we have established relationships and social media organizations.
How we safeguard your information. We restrict access to nonpublic personal information about you to those persons who need to know it or who are permitted by law or by you to receive it. We maintain physical, electronic and procedural safeguards to protect the confidentiality of your information.
Our goal is to keep safe your payment and personal information, including your name, address and credit card information. We use Stripe.com software which is best in class in the industry for safe and secure transactions. The software encrypts all personal information so that it cannot be read over the internet.
Currently, there is a $10 delivery charge for any order that amounts to $80.99 or less, before taxes. If the order is $81 or more, before taxes, there is no added delivery charge. We will do our best to deliver your order within seven (7) business days (not including weekends and legal holidays) from the date of your order. (Pease see Estimated Times below.) At the present time, we only deliver within the boundaries of Washington, DC. In order to receive delivery, you (or the person accepting delivery for you) must be at least 21 years old. Also, before taking delivery, you (or the person accepting delivery for you) must show the delivery person a valid government-issued photo ID to prove legal drinking age.
RISK OF LOSS
All products purchased from D.C. Sake co. are made pursuant to a shipment contract. This means that the risk of loss passes to you upon our delivery of your order to the third party carrier.
D.C. Sake co. recommends that you avoid requesting shipment during days when the weather is extremely hot or cold. D.C. Sake co. does not guarantee that third party carriers have temperature controlled warehouses or vehicles. If you must request shipping during extreme weather conditions, we encourage you to place the order at the beginning of the week and request faster service than standard shipping to avoid potential delays possible with weekend shipping. D.C. Sake co. reserves the right to delay releasing your merchandise to the third party carrier for shipment in order to ensure that the product you receive is the highest quality possible under extreme weather conditions.
Estimated shipping times do not include weekends or holidays. Please be advised that most orders leave our store within one (1) to four (4) days. Our store processing time is not included in estimated delivery times, and D.C. Sake co. does not guarantee any estimated shipping time. For more precise information on delivery times, please contact the third party carrier who is contracted to deliver your merchandise. We will notify you by email when your order has shipped. Two-day deliver service is available at an additional cost charged by the third party carrier. If you desire special delivery dates or immediate shipment, please contact us.
D.C. Sake co. invites customer participation and product feedback through our review program. We appreciate your comments but must limit your review to your personal evaluation of the selected sake product. D.C. Sake co. reserves the right to remove or block any reviews that contain obscene, profane, or spiteful comments. In addition, all reviews should be limited to the product itself, not your experience with the service or comments on our listings. Reviews that do not follow these guidelines will be removed. Please use our contact form to provide feedback about any other aspect your experience with D.C. Sake co.
The Website may contain links to other third party websites or resources. These links are provided only for your convenience. You acknowledge and agree that D.C. Sake co. is not responsible or liable for the availability or accuracy of the content, advertising, products or services on or available through the other websites or resources. D.C. Sake co. does not endorse or have any responsibility for or control over the other websites or resources or their privacy policies. Should you access a third party website linked from our Website, you do so at you own risk and peril subject to terms, conditions and privacy policies of those third party websites.
DISCLAIMER OF WARRANTIES
THE WEBSITE, APPLICATIONS AND SERVICES AND THE CONTENT PROVIDED ON OR THROUGH THE WEBSITE, APPLICATIONS AND SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARANTEES OF ANY KIND, AND D.C. SAKE CO. HEREBY DISCLAIMS ALL WARANTEES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT, NEITHER D.C. SAKE CO. NOR ANY PERSON ASSOCIATED WITH D.C. SAKE CO. MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECIRTY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE AND APPLICATIONS OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER D.C. SAKE CO. OR ANYONE ASSOCIATED WITH D.C. SAKE CO. REPRESENTS OR WARRANTS THAT THE WEBSITE, APPLICATIONS, SERVICES OR CONTENT WILL BE ACCURATE, RELIABLE, ERROR FREEE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE AND APPLICATIONS OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCE OR EVENT WILL D.C. SAKE CO., ITS LICENSORS OR CONTENTS PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABITIY TO USE THE WEBITE OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER. WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE WEBSITE, APPLICATIONS, PRODUCTS OR SERVICES OR THEIR CONTENTS IS AT YOUR SOLE RISK.
You agree to defend, indemnify and hold harmless D.C. Sake co. and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of the Terms, or you use of the Website, applications, products or services.
The following provisions shall survive any termination of these Terms: Disclaimer of Warranty, Limitation of Liability, Indemnification and all of the following General Provisions.
DISPUTES AND ARBITRATION
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND D.C. SAKE CO. MAY HAVE AGAINST EACH OTHER ARE DETERMINED.
You and D.C. Sake co. agree that all claims or disputes between us relating to the Terms, your use of the Website or any products sold or distributed by D.C. Sake co. will be resolved through binding arbitration, except that you may assert claims in small claims court if your claims qualify and the case proceeds an individual (non-class, non-representative). The Federal Arbitration Act applies to this agreement.
Please be advised that there is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitration award on an individual basis may have the same damages and relief as a court (including injunctive relief or statutory damages) and must follow these Terms just as a court would.
To begin arbitration, you must send a letter requesting arbitration and describing your claim to Registered Agents, Inc., 1717 N Street, NW, Suite 1, Washington, DC 20036. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer Related Disputes. The AAA’s rules are available at adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees is governed by the AAA’s rules.
The arbitration hearing will be held in Washington, DC through the AAA’s regional office located at 1120 Connecticut Avenue, NW, Suite 490, Washington, DC 20036. You or D.C. Sake co. may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and D.C. Sake co. subject to the arbitrator’s discretion to require an in-person hearing.
The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other D.C. Sake co. customers, but is bound by rulings in prior arbitrations involving the same D.C. Sake co. customer to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the arbitrator’s award may be entered in any court having jurisdiction.
Prohibition of Class, Representative, and Consolidated Actions
You and D.C. Sake co. agree that each of us may bring claims against the other on an individual basis only and not as a plaintiff or class member in any purported class or representative action. Unless both you and D.C. Sake co. agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief, including monetary, injunctive, and declaratory relief, only in favor of the individual party bringing the claim, if the relief is warranted by the fact and law. Any relief awarded by the arbitrator will not affect other D.C. Sake co. customers. If for any reason a claim proceeds in court rather than in arbitration both you and D.C. Sake co. each waive any right to a jury trial. You and D.C. Sake co. also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
D.C. Sake co. will be excused from performance under the Terms is D.C. Sake co. is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under the Terms by reason of (a) any provision of present or future law or regulation of order by the United States of America, or any state or territory thereof, including the District of Columbia, (b) any act of omission of a third party, or (c) any act of God (including fire, flood, hurricane or other natural disaster), emergency condition, war, riot, terrorism, epidemic, failure or shortage of labor, materials, supplies or transportation available on the open market, computer or telecommunications failure or other circumstance beyond the reasonable control of D.C. Sake co.
All content on or made available through the Website or any D.C. Sake co. applications, services or printed materials including, but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of D.C. Sake co. or its content suppliers and is protected by United States and international copyright laws. The compilation of all content included or made available through the Website, applications or services is the exclusive property of D.C. Sake co. and is protected by U.S. and international copyright laws.
No waiver of these Terms by D.C. Sake co. shall be deemed a further or continuing waiver of the Terms or any other policy or condition adopted by D.C. Sake co., and any failure by D.C. Sake co. to assert a right or provision under Terms shall not constitute a waiver of the right or provision.
Should any part of the Terms be held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the part shall be eliminated or limited to the maximum extent possible so that the remaining portions of the Terms will continue to have full force and effect.
The Terms and the Privacy Notice constitute the sole and entire agreement between you and D.C. Sake co. with respect to all products, services and the Website, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the products, services and Website.
D.C. Sake co. reserves the right to modify the Terms at any time. If D.C. Sake co. makes a material modification to the Terms, we will notify you by displaying a prominent announcement on the Website homepage, as appropriate, and above the text of the Terms for a period of 30 days, and this notice will be deemed sufficient notice of the changes.
If you wish to terminate your use of the Website to order our products due to a modification of the Terms, please contact us at [email protected]. If you choose to continue using the Website to order our products after receiving notice of modification, you agree that continuing to use the Website shall be deemed as your acceptance of the new Terms.
Any claim or dispute relating in any way to these Terms, your use of the Website, or any products sold or distributed D.C. Sake co. shall be governed by and construed in accordance with the laws and regulations of the District of Columbia without giving effect to any choice or conflict of law provision or rule.